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   Federal Courts - 4th Circuit Court of Appeals - January 29, 2007

  
Cavett v. Rumsfeld, No. 06-1738, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 29, 2007, Decided
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Collier v. Charlottesville Sch. Bd., No. 06-1396, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 29, 2007, Decided
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Overview: Former employer was properly granted summary judgment in a former employee's employment discrimination and retaliatory discharge suit. The employee failed to rebut the legitimate, nondiscriminatory reasons for his transfer and termination, particularly his poor work habits, attitude, and work ethic, and his repeated absences from the work site.

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In re Henderson, No. 06-5227, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 29, 2007, Decided
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Mayor & City Council v. Lee, No. 06-1701, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 29, 2007, Decided
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United States v. Brown, No. 06-7114, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 29, 2007, Decided
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United States v. Galloway, No. 06-4419, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 29, 2007, Decided
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Overview: The district court imposed a sentence of 360 months' imprisonment, which was within the appropriately calculated advisory guideline range of 360 months' to life imprisonment and was therefore presumptively reasonable. There was no evidence in the record that the sentence was procedurally or substantively unreasonable.

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United States v. Jacobs, No. 04-5075, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 29, 2007, Decided
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Overview: Defendant's convictions were affirmed but his sentence vacated. As the Government conceded, the district court sentenced defendant under the mandatory U.S. Sentencing Guidelines Manual and enhanced his sentence based on facts not found by jury beyond a reasonable doubt or admitted by defendant. This error affected defendant's substantial rights.

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United States v. Johnson, No. 06-4267, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 29, 2007, Decided
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Overview: Defendant's supervised release was properly revoked under U.S. Sentencing Guidelines § 7B1.3 because he was convicted of a new crime, which was a Grade B offense, and he admitted to three other release violations. A 24-month sentence was upheld because it was within the sentencing range, based on defendant's recidivism, and was not unreasonable.

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United States v. McAllister, No. 06-4800, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 29, 2007, Decided
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Overview: Under 18 U.S.C.S. § 5G1.3(c), a statutory mandatory minimum sentence of 120 months, which was imposed upon a guilty plea of conspiracy to possess with intent to distribute more than 100 grams of heroin, was properly ordered to run consecutively with a sentence imposed upon the revocation of defendant's supervised release for a prior offense.

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United States v. Morrow, No. 06-4483, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 29, 2007, Decided
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Overview: Defendant's sentence was both within the USSG range of 100 to 125 months, and within the statutory maximum of ten years imprisonment. As district court appropriately treated the guidelines as advisory, and properly calculated and considered the guideline range and the relevant 18 U.S.C.S. § 3553(a) factors, the sentence was reasonable.

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